Written Promise Following Discharge in Bankruptcy

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No promise made after discharge in bankruptcy to pay a debt provable in bankruptcy from the liability of which the debtor has been discharged shall be valid or binding upon the debtor or promisor unless the same is made in writing and signed by the party making the same or to be charged therewith, or by someone duly authorized by him.

(Ga. L. 1905, p. 101, § 1; Civil Code 1910, § 4384; Code 1933, § 3-902.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, §§ 319, 325 et seq.

C.J.S.

- 54 C.J.S., Limitations of Actions, § 308.

ALR.

- What amounts to promise to pay which will avoid effect of discharge in bankruptcy, 75 A.L.R. 580.

Effect of subsequent acceptance of note or other contractual obligation in payment, or as evidence, of claim not otherwise barred by discharge in bankruptcy, 145 A.L.R. 1238.

Constitutionality, construction, and application of statute modifying or limiting effect of acknowledgment, payment, or other conditions to toll or extend the period of limitation with respect to mortgage foreclosure, 150 A.L.R. 134.


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